Website Terms + User Agreement

Terms

These terms and conditions, together with the User Agreement will form the agreement between Ezzie Spencer Pty Ltd and customers who use the website of and engage the services of Ezzie.  This Agreement may be amended any time by Ezzie without notice to you, so it is recommended that you re-visit this page to stay informed of changes that have occurred.  These terms are governed by the laws of Australia and by enrolling in the Lunar Abundance Salon online program or otherwise using the Site you submit to the jurisdiction of the Australian courts.

 

Disclaimer

The Lunar Abundance Salon online program is an educational and informational resource for those interested in moon phases, spirituality, productivity, abundance mindset, and meditation. It is not a substitute for working with a psychologist, counsellor, other health care professional, financial advisor or other professional advisor. Ezzie Spencer is not a financial advisor, or a health care professional.  All statements and course content are a reflection of the personal opinion of the author. No specific outcomes are guaranteed in following any of the recommendations, including financial and health outcomes.  Any statements about potential outcomes are expressions of opinion only.

 

By purchasing my online Lunar Abundance program, you acknowledge that you bear responsibility for your actions and outcomes, and that Ezzie Spencer cannot guarantee any particular results, as such outcomes are based on subjective factors that are outside of Ezzie’s control. If you need health, financial or productivity advice, you should hire a health care or financial professional, or other professional that could assist you.

 

  

Intellectual Property Policy

Everything on this website, within the Lunar Abundance emails, and within the Lunar Abundance Salon online program (whether registered or unregistered) is the intellectual property of Ezzie Spencer and is protected by copyright law. See the User Agreement here for the terms upon which the intellectual property is licensed to you. 

 

You are welcome to share all material on Ezzie Spencer’s public website but you are required to attribute Ezzie Spencer at all times. All material provided to you within the paid membership Lunar Abundance Salon online program is the intellectual property of Ezzie Spencer. Unless expressly authorised by Ezzie Spencer, you are not permitted to share any material provided to you within the paid membership Lunar Abundance Salon online program.

 

Enrolment in the Lunar Abundance Salon online program does not licence you to practice or teach Ezzie Spencer’s Lunar Abundance technique.

 

Dispute Resolution

In the event that an issue arises under these terms and conditions you agree to first attempt to resolve the issue directly with Ezzie Spencer.  If the issue cannot be resolved amicably within 30 days the dispute must first be referred for determination by a person appointed for that purpose by the President of the Institute of Arbitrators & Mediators Australia and which person is an expert in the field in which the dispute arises.  The decision of the person appointed to determine the dispute is final and binding on the parties.  While a dispute is pending resolution in accordance with this Clause, the Parties agree to continue to perform their obligations under this Agreement.

 

Privacy Policy

We collect, hold, use and disclose your personal information to carry out functions or activities of Ezzie Spencer Pty Ltd. These functions and activities include: – responding to your queries via email or blog posts; – sending emails to Ezzie Spencer’s email lists; – working directly with clients via email, online forums and phone/Skype; and – disclosing your contact details to Ezzie’s assistants to interact with you.

 

Collection of your personal information We collect personal information about you when you give it to us, for example, we collect personal information such as your contact details, and any other information you choose to reveal about yourself, when you sign up to Ezzie’s email newsletter, reply to Ezzie’s emails, or when you comment on Ezzie’s blog posts. This information is stored securely on servers. During the course of personal coaching sessions, you will be asked questions in order to provide you with services to benefit you.  However, yuou are not required to give any information to Ezzie herself or to Ezzie Spencer Pty Ltd, and any information that you provide is optional.  This may also include the collection of ‘sensitive information’ which refers to health or medical information.

 

Ezzie does not actively seek information from third parties, however clients of Ezzie may at times provide information about the people in their lives.  Ezzie only uses or keeps such information in so far as it is relevant to do so, to provide the services to Ezzie’s client.

 

 

Email and Website If you choose to sign up to Ezzie’s newsletter, your contact details will be stored for the sole purpose of us sending you Ezzie’s newsletter. We do not sell or licence our mailing list to third parties.  We use Google Analytics to collect website analytic information, which is generally anonymised information about visitors to our site but such as the IP address and information about the sites visited before and after hours. Google has its own privacy policy which goes into more detail. Your IP address may be collected in this process. You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on.

 

Anonymity You can interact with Ezzie anonymously or by using a pseudonym, however you will need to hold a PayPal account in your name to process your payment.  The services provided by Ezzie are personal services and the services may be less beneficial where information is withheld by you.

 

Disclosure of information We only disclose your information for the purpose that you provided it to us, unless required by law. Please note that if you leave a public blog comment containing personal information, we cannot control who views that information. Our servers are hosted by companies based in the United States of America, but we do not otherwise send any information overseas.

 

Storage and security Your personal information is stored on secure servers.

 

Access and correction You can ask us at anytime to access and update information that we hold about you.  .

 

How to contact us: You can contact us with any Privacy queries or complaints as follows: Ezzie Spencer via email or post: Email: ezzie@lunarabundance.com Post: PO Box 3383, Weston Creek, ACT 2611, Australia

 

User Agreement

 

General

This agreement, together with the terms and conditions govern the use of following websites www.lunarabundancesalon.com; www.lunarabundance.com; and www.ezziespencer.com.  A reference to “the Site” should be read as a reference to each Site individually.  This agreement also applies to the following social media accounts: Lunar Abundance Facebook Page; Lunar Abundance Salon Facebook Group; Lunar Abundance Instagram Page; and Lunar Abundance Pinterest Page (the Social Media Accounts).  By accessing, visiting, or otherwise using this Site or the Social Media Accounts, you agree to be bound by this agreement.  The Site and Social Media Accounts are owned and operated by Ezzie Spencer Pty Ltd (ACN 601 610 879) (the Owner).   This agreement may be amended from time to time at the Owner’s discretion and without prior notice to you.  We encourage Users to visit this page from time to time as your continued use of the Site will indicate your acceptance of any amendments.

 

License to You. This Site, the Social Media Accounts and their content are provided to you through this license.  The Owner retains all ownership and proprietary rights in the Site and its content (whether registered or unregistered) available on the Site, the Social Media Accounts and their content including, but not limited to, audio-visual effects, themes, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. 

 

The Owner grants you the non-exclusive, non-transferable, limited right to use the Site and the Social Media Accounts for the Prescribed Use.  The Prescribed Use is as an educational and informational resource for those interested in moon phases, spirituality, productivity, abundance mindset, and meditation. This license commences upon your acceptance of this agreement and continues until termination by the Owner or you.  The Owner has the discretion to terminate your license immediately and without notice if you breach this license.  All rights not specifically granted under this Agreement are reserved by the Owner and, as applicable, its licensors.  

 

This limited license excludes the right to:

(a)    frame or utilize framing techniques to enclose the Site or any portion of the Site;

(b)    republish, redistribute, transmit, sell, license or download the Site, the Social Media Accounts or any and/or all of their content (except caching or as necessary to view the Site);

(c)    make any use of the Site, the Social Media Accounts or any and/or all content other than for the Prescribed Use;

(d)    modify, reverse engineer or create any derivative works based upon either the Site, the Social Media Accounts or any and/or all content;

 (f)     use any meta tags or any other hidden text utilizing any and/or all content on the Site or the Social Media Accounts;

 (g)   use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;

(h)    download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

 

Your License to the Owner. By posting, submitting or otherwise publishing any material to the Site or Social Media Accounts, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. By submitting or posting any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant the discretionary right to identify you as the author of any of your postings or submissions by name, email address or screen name.

 

Limitations on Linking. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by me.

 

Provision of Services.  The Owner reserves the right to make changes to the Site, the Social Media Accounts their operation and application at any time without prior notice.  The Owner may engage a third party to provide technical assistance.  The Owner will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and to take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

 

Conditions of use.  Users agree to use the Site and the Social Media Accounts in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner.

 

You agree that you will not upload or provide content on the Site or Social Media Accounts which is:

(a)    defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;

(b)    infringes the intellectual or other proprietary interests of third parties;

(c)    contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;

(d)    violates any law; or

(e)    encourages or incites any other person to engage in any of the above behaviour;

 

You also agree that you will not :

(f)  Use technology or other means that is not authorised by the Owner to access the Site;

(g)  Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Site;

(h)  Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site or the Social Media Accounts;

(i)    Gain or attempt to gain unauthorised access to the Site or Social Media Accounts including the networks or user accounts; or

(j)  Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, Social Media Account ? servers or networks.

 

Third party links.  At times we may provide links and pointers to third party sites. These links do not indicate any endorsement, sponsorship or guarantees about those third parties. Once you leave the Site and move to a linked site, you will be subject to the third parties terms and conditions and privacy obligations.  The Owner does not have control or responsibility over the content or security of third party linked sites.  The Owner uses a linked third party payment provider and the Owner does not provide any guarantees or warranties in relation to the functionality or security of that third party provider.

 

Warranties and Indemnities.  No warranties are provided as to any outcomes to be attained from using the Site or the Social Media Accounts.  See the terms and conditions for more information on the services provided by the Owner. 

 

The Owner does not warrant that the functional aspects of the Site or the Social Media Accounts will be uninterrupted, error free or that the Site, Social Media Accounts, the content or the server are free of viruses or other harmful components.  The Owner maintains current anti-virus software, however to the extent provided by law, the Owner does not guarantee against third party interference.  The Owner does not warrant that the Site, the Social Media Accounts or the content will be compatible with third party software or hardware.  The Owner is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control. 

 

You agree to indemnify, the Owner, and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the Site and FB Page pursuant to the terms of the Agreement.

 

Termination.  This Agreement is effective until terminated by you or by the Owner.  The Owner has the right to terminate the service to a User in the event of a breach of these terms and conditions.  The Owner may terminate the service to a User immediately without prior notice. 

 

If your usage is terminated you will no longer have access to the Site.  The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities contained in these terms and conditions will survive termination. 

 

Governing Law

This agreement is governed by the laws of the Australian Capital Territory and Australia.